1 2025:CGHC:36578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1083 of 2025 • Naresh Agrawal S/o. Ved Prakash Agrawal, Aged About 55 Years R/o. Vidyanagar, Police Station Tarbahar, Tehsil And District Bilaspur (C.G.). ... Applicant versus • State Of Chhattisgarh Through - Police Station Civil Lines, Bilaspur, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mano Kumar Paranjpe and Mr. Aditya Diwan, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer and Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28.07.2024 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 517/2025, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 3420, 120-B 467, 468, 471 of IPC. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:55 +0530 2 2. As per the prosecution story, in brief, is that on written complaint made by the complainant namely Alban Toppo inter-alia on the allegations that, certain policies were issued in the name of Smt. Santoshi Sahu bearing Insurance Policy no. 366517820, Smt. Mamta Pandey bearing Insurance Policy no. 362473981, Babla Pandey bearing Insurance Policy no. 367489590, Ishwar Pandey bearing Insurance Policy no. 369027401 and Shiv Kumar Pandey bearing Insurance Policy no. 690291179 and after the death of the policy holders their nominee has obtained the death certificate and they has initiated the process of death claim by providing the relevant documents and their claim has also been processed and the insurance amount as mentioned in the policy has already been paid to the beneficiaries. Thereafter upon suspicion, enquiry of the Death Claim Case was conducted and it was found out that again new policies have been issued in the name of aforesaid persons by the policy agent namely Rajesh Sharma (Present applicant) and with the conspiracy of the other accused persons benefit of the Death Claim has been taken with the help of forged and fabricated documents. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant was the agent, one policy bearing No. 366517820 was issued on 19.02.2019 in the name of Smt. Santoshi Sahu. The family Saraswati Sahu i.e. Nand Kumar Sahu has submitted the death claim by misrepresentation that, Santoshi Sahu has died on 10.12.2022. The claim was proceeded and the death claim of Rs. 6 lacs was transferred to the account of Nand Kumar Sahu on 06.01.2023. Being an agent the applicant has only signed the claim papers, but the claim was submitted by Nand Kumar Sahu who was 3 the nominee of Santoshi Sahu. That, the applicant was not aware in respect of the death of Santoshi Sahu and also in Insurance Policy no. 362473981 was issued on 14.05.2019 in the name of Mamta Pandey. Gyaneshwari Pandey was the nominee and the present applicant was the agent. The nominee submitted the death claim alleging the death of Mamta Pandey and has obtained an amount of Rs. 8 lacs, the said amount was transferred to the account agent the of Gyaneshwari Pandey. Being an applicant has only signed death claim papers. One another insurance policy bearing Policy no. 367489590 was issued on 08.01.2021 in the name of Babla Pandey. The nominee was Smt. Manjiri Pandey. The nominee had submitted the death claim alleging the death of Babla Pandey and has obtained the death claim to the tune of Rs. 5,42,804/-. The amount was transferred to the account of Smt. Manjari Pandey. The applicant being an agent has signed the papers. He also submits that from bare perusal of the details it is abundantly clear that the Death claim amount is transferred in the account of the nominee of the deceased persons and no amount has been deposited in the account of the present applicant. He further submits the applicant has one criminal antecedent in connection with crime No.1120 of 2024 registered at Police Station Civil Lines, Bilapur on the instance of the same complainant, wherein applicant has been granted regular bail by this Court in MCRC No.9093 of 2024 in 02.01.2025. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. He further submits the applicant has one criminal antecedent in connection with crime No.1120 of 2024 registered at Police Station Civil Lines, Bilapur on 4 the instance of the same complainant, wherein applicant has been granted regular bail by this Court in MCRC No.9093 of 2024 in 02.01.2025, but looking to the conduct of the present applicant, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material available on record in the case diary and also considering the fact that the applicant has one criminal antecedent in connection with crime No.1120 of 2024 registered at Police Station Civil Lines, Bilapur and on the instance of same complainant, wherein applicant has already been granted regular bail by this Court in MCRC No.9093 of 2024 vide order dated 02.01.2025, but the applicant has misused the liberty granted to him when he was in bail. 7. Accordingly, the anticipatory bail application of the applicant– Naresh Agrawal, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 517/2025, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 3420, 120-B 467, 468, 471 of IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali